Federal Audit Flags Lapses in Employee Screening at New Jersey Nursing Homes

Criminal background checks for vulnerable New Jersey nursing home caregivers were found to be inadequate by a federal probe. The findings raise serious resident safety concerns and highlight long-term care government oversight deficiencies.

The Office of Inspector General at the U.S. Department of Health and Human Services determined that most nursing homes violated federal laws excluding criminals from long-term care. The inquiry found inconsistent and poorly recorded federal background checks before personnel can provide care in sampling institutions.

On inspection, 11 of 12 state nursing homes failed background checks or could not confirm they were done. 33 of 120 employee files were problematic. Some staff began caring for residents before background checks. Some schools couldn’t confirm they screened workers.

Federal inspectors warned that inadequate screening creates risk, but the audit could not verify if any personnel had criminal history that would have barred them from working in nursing homes. They cautioned that unscreened staff exposes vulnerable nursing home clients to abuse, neglect, financial exploitation, and mistreatment.

The audit found fundamental problems in New Jersey’s long-term care system. Due to recurrent labor shortages, facilities have forced to hire quickly, frequently at the expense of procedures. Federal investigators determined that the state lacked appropriate controls to ensure all facilities followed background check rules for new hires.

Though concerned, state health officials emphasized their authority constraints. The New Jersey Department of Health cannot directly conduct criminal background checks due to state and federal regulations. Instead, nursing homes engage third-party screening firms. State officials said the department needs legislative ability to actively manage background checks to ensure compliance.

After the audit, the Health Department said oversight improved. Since mid-2023, recertification surveys assess all new personnel files since the prior inspection. To help nursing homes comply, the administration will expand education and outreach.

The findings shocked nursing home advocates. The state’s Long-Term Care Ombudsman said the research was concerning because one screening failure can have serious implications. Despite most caregivers’ good intentions, protestors stressed that nursing home residents are vulnerable and need the most protection.

Industry executives backed criminal background checks. Long-term care officials in New Jersey said state laws already require background checks for nurse aides and other healthcare workers, but they favored stronger enforcement and better oversight to ensure compliance across all institutions.

The government audit reveals a nationwide long-term care system dilemma: reconciling pressing staffing requirements with strict safety regulations. The findings may compel New Jersey lawmakers to let the state manage and verify background checks. To protect the state’s most vulnerable residents until then, federal officials say tighter oversight and accountability are needed.

Sources:
U.S. Department of Health and Human Services – Office of Inspector General
New Jersey Department of Health
New Jersey Long-Term Care Ombudsman’s Office